Inconsistent evidence leads to release from implied undertaking

Carole Shales v Commonwealth Bank of Australia

Key Points

• The Tribunal was required to consider whether the circumstances in this case warranted release from the implied undertaking as it related to the summonsed documents and a medical report which commented on those documents.
• The Tribunal found that Ms Shales' conduct throughout the processing of the claim took the matter out of the ordinary course, and granted the requested release.

Background

Ms Shales was employed by Commonwealth Bank of Australia (CBA) as a Savings Specialist. Ms Shales had an accepted claim in respect of "anxiety and depressed mood". The substantive Application before the Tribunal related to her claim for permanent impairment and non-economic loss in relation to that injury.